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2003 Supreme(SC) 461

K.G.BALAKRISHNAN, P.VENKATARAMA REDDI
Prayag Upnivesh Awas Evam Nirman Sahkari Samiti LTD. – Appellant
Versus
Allahabad Vikas Pradhikaran – Respondent


JUDGMENT

K.G. Balakrishnan, J.-An extent of 2 bigha, 5 biswa and 8 dhur of land falling in Village Civil Station in the city of Allahabad was acquired under the provisions of the Land Acquisition Act, 1894 (for short, "the Act"), for establishing a commercial district centre at the instance of the Allahabad Development Authority (ADA). Notification under Section 4(1) of the Act was published on 13.1.1987 and Declaration under Section 6(1) was made on 6.2.1987. Emergency provision under Section 17 of the Act was invoked and the award was published on 25.5.1987. The land in question was government land which had been given on lease to Shiv Narain Chaudhary, Laxman Narain Chaudhary and others. The period of lease had expired in 1960 and it was not renewed. The award was passed on 25.5.1987 and the compensation was fixed at Rs.9,80,565.06. As both the Government and the lease holders claimed the compensation, the Special Land Acquisition Officer (SLAO) referred this dispute to the Civil Court on 12.10.1987 under Section 30 of the Act. The Reference was registered as Reference Case No. 124 of 1987 and the matter was pending before the 11th Addl. District Judge, Allahabad. While th
















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